Regulation 58
Application to vary, suspend or cancel false statement order or interim false statement order
of Supreme Court of Judicature (Protection from Harassment) Rules 2021
Subregulation 1
An application to vary, suspend or cancel a false statement order or an interim false statement order must be —
made by summons in Form 13 in the originating application in which the false statement order or interim false statement order (as the case may be) was made; and
supported by an affidavit in Form 14.
Subregulation 2
The applicant must serve the application and supporting affidavit on —
every other party to the claim for the order, within 7 days after the date on which the application is filed; and
any other person on whom the application is directed to be served under rule 68(1), within the time required by rule 68(2).
Subregulation 3
The court may —
give such directions for the hearing of the application as the court thinks fit;
conduct the hearing of the application in such manner as the court thinks fit; and
where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.
Subregulation 4
Any order made by the court pursuant to the application must be served by the party or person in whose favour the order is made, on the following:
each party or person required to be served under paragraph (2);
every other person on whom the order is directed to be served under rule 68(1).